Section 358.300 - Identifying and Reporting Abuse, Neglect, Exploitation, and Death(a) Duty to Report. An employee, volunteer, or other individual working under the auspices of a facility or program must report the death of a juvenile or an allegation of abuse, neglect, or exploitation to TJJD and local law enforcement if he/she: (1) witnesses, learns of, or receives an oral or written statement from an alleged victim or other person with knowledge of the death of a juvenile or an allegation of abuse, neglect, or exploitation; or(2) has a reasonable belief that the death of a juvenile or abuse, neglect, or exploitation has occurred.(b) Non-Delegation of Duty to Report. In accordance with Texas Family Code § 261.101, the duty to report cannot be delegated to another person.(c) Other than Sexual Abuse or Serious Physical Abuse. (1) Time Frames for Reporting. A report of alleged abuse, neglect, or exploitation other than allegations involving sexual abuse or serious physical abuse must be made within 24 hours from the time a person gains knowledge of or has a reasonable belief that alleged abuse, neglect, or exploitation has occurred.(2) Methods for Reporting. (A) The report to TJJD may be made by phone or by faxing or e-mailing a completed Incident Report Form.(B) If the report to TJJD is made by phone, a completed Incident Report Form must be submitted within 24 hours after the phone report.(C) The report to law enforcement must be made by phone.(d) Sexual Abuse or Serious Physical Abuse. (1) Time Frames for Reporting. (A) A report of alleged sexual abuse or serious physical abuse must be made to local law enforcement immediately, but no later than one hour after the time a person gains knowledge of or has a reasonable belief that alleged sexual abuse or serious physical abuse has occurred.(B) A report of alleged sexual abuse or serious physical abuse must be made to TJJD immediately, but no later than four hours after the time a person gains knowledge of or has a reasonable belief that alleged sexual abuse or serious physical abuse has occurred.(2) Methods for Reporting. (A) The initial report to TJJD must be made by phone using the toll-free number as designated by TJJD.(B) Within 24 hours after the initial phone report to TJJD, the completed Incident Report Form must be submitted to TJJD by fax or e-mail.(C) The initial report to law enforcement must be made by phone.(e) Death of a Juvenile. (1) Time Frames for Reporting. (A) A report of a death must be made to local law enforcement immediately, and no later than one hour after the discovery or notification of the death.(B) A report of a death must be made to TJJD immediately, and no later than four hours after the discovery or notification of the death.(C) A written report of the cause of death must be submitted to the state Attorney General no later than 30 days after the juvenile's death if required by Texas Code of Criminal Procedure Article 49.18(b).(D) A copy of the death investigation report must be submitted to TJJD within 10 calendar days after completion.(2) Methods for Reporting. (A) The initial report to TJJD must be made by phone using the toll-free number as designated by TJJD.(B) Within 24 hours after the phone report to TJJD, the completed Incident Report Form must be submitted to TJJD by fax or e-mail.(C) The initial report to law enforcement must be made by phone.37 Tex. Admin. Code § 358.300
The provisions of this §358.300 adopted to be effective September 1, 2009, 34 TexReg 4196; Adopted by Texas Register, Volume 41, Number 01, January 1, 2016, TexReg 292, eff. 3/1/2016